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march 2008

Supreme Court of India · 2008-03-13

Super Cassettes Industries Ltd vs Commissioner Of Customs, New Delhi

Court
Supreme Court of India
Petitioner
Super Cassettes Industries Ltd
Respondent
Commissioner Of Customs, New Delhi
Bench
Ashok Bhan, J.M.Panchal

Judgment text excerpt

The Supreme Court ruled that under Section 3(1) of the Customs Tariff Act, 1975, Countervailing Duty (CVD) is applicable only if the imported goods are produced or manufactured in India. The Court held that since the magnetic heads were merely repaired and not manufactured, CVD was not leviable. The Court overturned the Tribunal's decision which had upheld the imposition of CVD on re-imported repaired goods, thereby favoring the appellant's claim for exemption under Notification No.94/96-Cus.

Super Cassettes Industries Ltd vs Commissioner Of Customs, New Delhi · Niyam